BOARD DATE:	  12 January 2012

		DOCKET NUMBER:  AR20110012512 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Okinawa and Thailand.

2.  The applicant states:

* his DD Form 214 does not show his foreign service in Okinawa and Thailand
* the Thailand theater he served in was classified as a secret operation under President Eisenhower and President Kennedy
* he has been denied Department of Veterans Affairs benefits

3.  The applicant provides:

* DA Form 24 (Service Record)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 


3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 30 June 1960 for a period of 3 years.  He served in military occupational specialty 620.00 as an engineer equipment mechanic.  On 3 July 1963, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.  He completed 3 years of total active service.

3.  Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued at the time shows he served 1 year, 6 months, and 17 days in the Far East Command (FEC).

4.  Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows he served in:

* Okinawa from 18 January 1961 to 7 March 1962
* Thailand from 16 March to 17 July 1962

5.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment other than the unit of assignment upon separation on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command.  His service in Okinawa and Thailand are properly reflected in section 5 of his DA Form 24 and in item 24c of his DD Form 214.  However, he may provide this Record of Proceedings to his Department of Veterans Affairs office as verification that he served in Okinawa and Thailand.

2.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110012512



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ABCMR Record of Proceedings (cont)                                         AR20110012512



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